4
Service Animals – DOGS ONLY Must permit service animals in all public areas, unless – out of control – not housebroken IF dog evicted, must permit patron in without dog Library not responsible for dog and may charge for any damage 28 CFR § 35.136 Service animals See also Calif. Civil Code § 54.2 Service dogs *Library must consider allowing miniature horses if size, weight can be accommodated

5
Harness Service dogs must be harnessed, leashed, tethered unless: patron unable to use because of disability or it would interfere with dog’s ability to perform … then service dog must be otherwise under handler’s control e.g. voice control, signals, other effective means

6
Can Service Dogs be for Emotional Support? Federal law: No. “Support animals” that provide emotional support do not qualify Dogs for crime deterrence do not qualify But service dogs can be used for psychiatric and neurological disabilities

7
Don’t Ask for Certification Library may not ask about patron disability nor for animal certification (may be self-trained) Library may ask (if not apparent): “Is animal required because of disability?” “What task is animal trained to perform?” examples: navigation, assisting during seizure, retrieving items, support for mobility 28 CFR § 35.136 Service animals See also Calif. Civil Code § 54.2 Service dogs

8
IMPORTANT: Check local ordinances MAY GIVE MORE RIGHTS TO PATRONS San Francisco requires libraries to allow: Service animal: “any animal” trained to perform tasks for person with a disability, such as dogs, birds, monkeys… Support animal: “any animal” assisting people with psychological disabilities, such as cats, snakes Service and Support Animals Source: http://www.sfgov2.org/ftp/uploadedfiles/mod/SvcSupportAnimal.pdf Hesperia City Council Vote scheduled March 1 st Facebook “Save our service animals”

9
Is that marmoset really a legally designated service animal? No longer recognized by the ADA … but local ordinances might give patrons the right to any animal

11
Inquiries to Patrons Using Power- Driven Mobility Devices Do not ask patron about the nature of disability May ask patron using power-driven mobility device (not wheelchair) to provide credible assurance that device is required because of disability – May ask for State-issued disability placard or card, but must accept verbal representation not contradicted by observable fact § 35.137 Mobility devices. www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm

12
Effective Communication and Auxiliary Aids New: Video remote interpreting services are permissible for effective communication High speed, quality, large enough to show interpreter and patron’s face, arms, hands Library should not rely on patron’s companion for interpretation unless patron requests this … and never rely on child unless emergency safety issue § 35.160 General More detail at: http:// www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm

13
Ticketing New ticketing regulations e.g. upon inquiry, must describe seating in enough detail for patrons to assess if it meets needs Much detail if tickets are SOLD at § 35.138 Ticketing www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm

14
Accommodations Not Possible? (not new) Library must show fundamental alteration in the nature of the service or undue financial burden Financial Burden Requirements: All resources available considered Written statement by agency head or designee Action to ensure maximum access to people with disabilities § 35.164: http://www.ada.gov/regs2010/titleII_2010/titleII_2010_withbold.htm

15
2. Web pages, mobile devices, ebooks In flux. Department of Justice just held three hearings to revise web accessibility, movie captioning, video description regulations. ADA.GOV Department of Justice. Proposed Rulemaking (public comment period ended Jan. 24, 2011) Archived webcasts and transcripts of public hearings at http://www.ada.gov/anprm2010/anprm2010.htm Department of Justice. Accessibility of State and Local Government Websites (2003) http://www.ada.gov/websites2.htm; see also The Americans with Disabilities Act: Application to the Internet – Nancy Lee Jones, Congressional Research Service October 13, 2010 R40462 http://ipmall.info/hosted_resources/crs/R40462_101013.PDF Library settlements Adhere to 2003 DOJ guidance

22
Sample License Clause Licensor shall comply with the Americans with Disabilities Act (ADA), by supporting assistive software or devices such as large print interfaces, voice-activated input, and alternate keyboard or pointer interfaces in a manner consistent with the Web Accessibility Initiative Web Content Accessibility Guidelines, which may be found at http://www.w3.org/WAI/GL. http://www.w3.org/WAI/GL Sources: Wikipedia article on Accessibility to Library Databases and Other Online Library Resources for People with Disabilities &Wikipedia article on Accessibility to Library Databases and Other Online Library Resources for People with Disabilities http://www.library.yale.edu/~llicense/perfmcls.shtml

23
Ebooks Kindle National Federation of the Blind and American Council of the Blind filed complaint Settlements (2010): – Six Universities will not recommend, provide or require Kindle DX or other ebook readers in manner that violate obligation to provide access to print impaired 2011 Kindle Accessibility Plugin for PC (good reviews) iPad Great reviews on accessibility Sources: http://readingrights.org/ Los Angeles Public Library letter: http://www.readingrights.org/477

24
New! Internet Archive’s Open Library Over 1 million books in Digital Accessible Information System (DAISY) format for patrons with print disabilities – public domain and protected by copyright Patrons eligible for Library of Congress Blind and other Physically Handicapped program get key to open protected texts Source: http://openlibrary.org/subjects/accessible_bookdaisy.org

25
3. New Accessible Building Design Standards Effective March 15, 2012 Commencement of physical construction or alterations on March 15, 2012 or later Source: http://www.ada.gov/2010ADAstandards_index.htm

30
Grievance Procedure [Name of public entity] Grievance Procedure under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the [name of public entity]. The [e.g. State, City, County, Town]'s Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: [Insert ADA Coordinator’s name] ADA Coordinators are required for all public entities with 50+ employees For full procedure, see http://www.ada.gov/pcatoolkit/chap2toolkit.htm